AB438,25,16 2. The commission shall defend any member, officer, executive director, employee, or representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel; and provided further, that the actual or alleged act, error, or omission did not result from that person's intentional or willful or wanton misconduct.

AB438,25,24 3. The commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.

AB438,26,4 (8) Data system. (a) The commission shall provide for the development, maintenance, and utilization of a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in member states.

AB438,26,8 (b) Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the data system on all individuals to whom this compact is applicable as required by the rules of the commission, including all of the following:

AB438,26,9 1. Identifying information.

AB438,26,10 2. Licensure data.

AB438,26,11 3. Adverse actions against a license or compact privilege.

AB438,26,12 4. Nonconfidential information related to alternative program participation.

AB438,26,13 5. Any denial of application for licensure, and the reason(s) for such denial.

AB438,26,15 6. Other information that may facilitate the administration of this compact, as determined by the rules of the commission.

AB438,26,17 (c) Investigative information pertaining to a licensee in any member state will only be available to other party states.

AB438,26,21 (d) The commission shall promptly notify all member states of any adverse action taken against a licensee or an individual applying for a license. Adverse action information pertaining to a licensee in any member state will be available to any other member state.

AB438,26,24 (e) Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state.

AB438,27,3 (f) Any information submitted to the data system that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the data system.

AB438,27,7 (9) Rule making. (a) The commission shall exercise its rule-making powers pursuant to the criteria set forth in this section and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment.

AB438,27,11 (b) If a majority of the legislatures of the member states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the compact within 4 years of the date of adoption of the rule, then such rule shall have no further force and effect in any member state.

AB438,27,13 (c) Rules or amendments to the rules shall be adopted at a regular or special meeting of the commission.

AB438,27,17 (d) Prior to promulgation and adoption of a final rule or rules by the commission, and at least 30 days in advance of the meeting at which the rule will be considered and voted upon, the commission shall file a notice of proposed rule making at all of the following:

AB438,27,18 1. On the website of the commission or other publicly accessible platform.

AB438,27,21 2. On the website of each member state physical therapy licensing board or other publicly accessible platform or the publication in which each state would otherwise publish proposed rules.

AB438,27,22 (e) The notice of proposed rule making shall include all of the following:

AB438,27,24 1. The proposed time, date, and location of the meeting in which the rule will be considered and voted upon.

AB438,28,2 2. The text of the proposed rule or amendment and the reason for the proposed rule.

AB438,28,3 3. A request for comments on the proposed rule from any interested person.

AB438,28,6 4. The manner in which interested persons may submit notice to the commission of their intention to attend the public hearing and any written comments.

AB438,28,9 (f) Prior to adoption of a proposed rule, the commission shall allow persons to submit written data, facts, opinions, and arguments, which shall be made available to the public.

AB438,28,11 (g) The commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by any of the following:

AB438,28,12 1. At least 25 persons.

AB438,28,13 2. A state or federal governmental subdivision or agency.